Deuteronomy and the Covenant Code
Question Describe some of the transformations that Deuteronomy makes upon the Covenant Code and correlate these within the larger agenda of Deuteronomy in its historical context. Answer Deuteronomy uses some of the laws in the Covenant Code (CC), omitting much of the civil law and preserving the more moral or religious laws. Not only is Deuteronomy selective of the laws that it includes, but it also changes these laws. Both of these aspects give us insight into the purpose that these play within the larger purposes of Deuteronomy reflected in its historical context. Some of the laws that overlap between CC and Deut are laws concerning the seventh year (Deut 15:1-11; Exod 23:10-11), release of slaves (15:12-18; Exod 21:2-11), regulations for festivals (16:1-17; Exod 23:14-17), laws about manslaughter and murder (Deut 19:1-3; Exod 21:12-14), seduction/rape of an un-betrothed woman (Deut 22:28-29; Exod 22:15-16), charging interest (Deut 23:20-21; Exod 22:24), laws for caring for the needy (Deut 24:17-22; Exod 22:20-23; 23:9). It is argued by Moshe Weinfeld that the changes made to earlier Pentateuchal material (here the CC) reflect the interests of the Josianic reform characterized by centralization of cult and a “social-humane tendency” (or humanitarian tendency) manifest in Deuteronomy. The text itself is argued by some to be a utopian vision, an idyllic set up where the poor and needy are taken care of, and the people of Yahweh all worship together in Jerusalem. Deuteronomy effectively overshadows and replaces Exodus with a new vision that was either the catalyst for Josianic reform (if the book was actually discovered in the temple) or is reflective of its goals, values, and vision (if the book was composed for this purposes and “planted” in the temple to be found). The laws concerning the release of slaves are similar enough that it appears to be a deliberate updating of the CC. The following discussion and table follow Christine Hayes’ Introduction to the Bible. Deuteronomy treats male and female slaves equally, show by the addition of the female slave at the beginning (v. 12), and the shortening of the notice in v. 17 to merely say that the woman should be treated like the man. Deuteronomy also stipulates that the slaves should not be released empty-handed but should have gifts. This stands in contrast to the “emotional blackmail” (as Christine Hayes puts it) of forcing a man to leave his wife and children if he wishes to go free. The option to stay as a perpetual servant (vv.16-17) changes from a procedure before “gods” (possibly the deceased ancestors, according to van der Toorn) to something that merely happens at the door of the house. This falls in line with the centralization of worship and the need to de-sacralize things that took place away from the temple. In Exodus, the female slave seems to serve primarily a sexual function, a secondary wife perhaps. In Deuteronomy however, this function is not present, and she is to be released just as the man is after six years. The release of the slave after six years is different within the context of Deuteornomy which sets up a seven year calendar in which every slave is released at the same time, rather than in Exodus where release is done on an individual basis. The laws in the CC emphasize that the people should not mistreat the poor and the needy, whereas the Deuteronomy takes it one step further and outlines specific things that ought to be done in order to take of then and provide food for them. The festival laws in Deuteronomy also show similar changes. The feast of unleavened/Passover has become centralized in Jerusalem in Deuteronomy (v.2) with the specific injunction that no one should perform the Passover sacrifice outside of Jerusalem (v.5). This corresponds with the centralization of worship and the prohibition of sacrifice taking place anywhere else. “Profane” slaughter is allowed in Deut 12:15-16 provided that the blood is poured onto the ground. The obvious emphasis place upon the observance of the Passover is reflective of the reforms carried out by Josiah in 2 Kings 23. The fact that this was an obvious innovation of previous practice is confessed in 2 Kings 23:22, “Indeed, a Passover like this had not been carried out since the days of the judges who judged Israel and all the days of the kings of Israel and Judah.” The celebration of the two remaining festivals is influenced by Deuteronomy’s humanitarian character by an injunction to celebrate with the entire family, slaves included, along with the stranger, widow, and orphans within the city. It is also significant that the “Levite who is in your gates” is mentioned among this class of people. The Josianic reform effectively put these Levites out of work in their towns, though they were offered employment in Jerusalem. The command to take care of the “Levite who is in your gates” may be a acknowledgement that not all Levites went to Jerusalem and also a way to still provide for these landless—and now jobless—class of peoples within kingdom. Bibliography Coogan, Michael D. The Old Testament: A Historical and Literary Introduction to the Hebrew Scriptures. New York: Oxford University Press, 2006. Hayes, Christine. Introduction to the Bible. Yale Open Courses Series. New Haven; London: Yale University Press, 2012. Weinfeld, Moshe. “Deuteronomy, Book of.” Edited by David Noel Freedman. Anchor Bible Dictionary II. New York: Doubleday, 1992.